Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-03-15
APPLICATION FOR PATENT

APPLICATION FOR PATENT.
Where papers have once been filed with the
Register and Receiver they become Q part Of
the record, and can neither be Withdrawn nor
returned. but must be transmitted TO the Gen
ersl Land Ofice.
An application will be rejected when the
scription Of the premises 10 erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
Second-The notice was not published in 0
newspaper designated - published nearestthe
claim.
Third-Record title was found defective,
Fourth--A previous application had been
made for the same premises, which was with
drawn pending o suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located in sccord-
ance with law.
Where several parties own separate and dis
tinct portions OF Q claim. application for
patent may be made by either for that portion
OF the claim owned by him; but where several
| parties own undivided interests In z mining
claim all should join in an application for .
patent.
A person or association may purchase a.
many placer locations as the local law admits.
and embrace them ell In one application for Q
patcnt.
Two or more lodes cannot be embraced In
one application for Q patent except for placer
claims embracing two or more lodes within
| their boundaries
Papers sworn 10 before any person purport-
ing to act as q deputy for the Register and Re
| ceiver cannot be recorded as evidences.
In all patents for mining claims situated
within the interior boundaries OF . town site
. clause 10 inserted excepting and excluding
all town property, rights upon the surface
and all houses. buildings. structures. lots
| blocks, streets, alleys or other municipal Inn
provements not belonging TO the grantee here
In. and all rights necessary or proper to ths
occupation, possession and enjoyment Of ths
same"
Publication Of notice must be made a only
one newspaper for the period of 90 days.
Notice must be published 10 eonsecutiv,
weeks in weekly newspapers. and in dali!
newspapers 60 days must elspse between tb'
first and last insertions.
Where the Register designates the daily issu,
Of O newspaper for publication OF notices of
mining application for patent it Is not q com
pliance With law to change to the weekly edi
ton Of the same paper without authority o
the Register.
The existence Of o salt spring on q tract O
land withdrAws 1t from the operation Of tn
Homestead and presumption laws. A hearing
for the purpose Of proving the agriculture
character OF such land ts not allowed. Lam
containing valuable deposits Of slate may b.
entered under the mining Acts.
Adverse CLAIMS.
Adverse claimants must Ale 9 separate an,
distinct claim against each application whicl
1t is alleged conflicts with the premises ownes
by such adverse claimant.
The papers in an adverse claim, once filed
cannot be Withdrawn, but becomes 9 part Of Tia
record.
When an adverse claim has been fled 1T can
not be amended so as to embrace o larger pei
ton Of the premises than that described In tn
original adverse claim.
An adverse claim must be made out Il
proper form and filed in the proper local Off
during the period Of publication OF the appli
cation for the patent to be effective.
1t Is the duty of the adverse claimant
commence suit In proper form within the re
quired time. and ii he trusts she uncertain
medium Of the United States mail he mus
abide the consequences, should the delsl
ensue, through misfortune or accident. Shouit
the failure to commence suit be the result o
the corrupt or dishonest action Of his attorney
the Interior Department cannot redress tn
wrong.
An adverse claimant should set forth In de
tail the facts upon which he bases HIS sdversl
claim. A statement In general terms, embody
ing conclusions of law, without stating tn
facts specially, will not be considered In evi
dence.
IA ~ acaA1 hAoW = GoI1P 4
ance with the local laws In recording his CLAIM
and in regard TO expenditures. and shall nile
copy Of the original notice Of his location. an,
show the nature or extent OF the conhic
alleged.
Al allegation OF parties to 8 suit that the
compose the company IL sufficient. and the
are not required to prove that they are tn
original ~locators or the identical parties VIII
present the adverse claim.
~AaRrcuLrURAL OR MINERAL LANDS.
Where land is of little. II any value, for seri
cultural purposes, but is essential to tn
proper development OF mining claims, 4
should be disposed of under the Mining Act.
Where lands containing valuable minera
deposits have been included in an agriculture
entry, said entry will be cancelled at any tim
prior to issuance Of patent, upon satisfactor,
evidence OF the existence Of such valuable de
posits.
Where valuable deposits of mineral are dis
covered upon . tract sitter the same mas beer
en- tered as agricultural, but before ! aaent hal
been issued, the parties claiming the min,
may make application for patent for same
and the agricultural entry will be Cancelled &
that portion of the land embraced by sale
mining claim.
Where mineral deposits are discovered OF
agricultural lands after the patent has beer
issued TO an agricultural claimant, they pas
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may make 9 mining location
dispose Of 1t. provided he becomes Q either
before disposing OF the mine. Proof that tn,
party was not Q citizen before disposlnR Of hi
claim must be afirmatively shown.
Locstors and intermediate owners, othe
than applicants. will not be presumed aliens
in the absence Of allegation or objection prio
to issuance OF patent.
The portion of a mining claim sold TO al
alien cannot be patented while suoh owner h
an alien; but on his declArstioni o become
citizen his right dates back to his purchase
oud he may thereupon secure United State,
patent for his claim.
CROSS LEDaRs,
Revised Statutes. Section 1886:
Where two or more lodges cross or i~nteYsec
each other, priority Of title shall govern. ant
such prior location shall be entitled to all or,
or mineral Contained within the space of inter
section, but the subsequent location shall hay,
the right OF way through the space Of inter
section for the purpose Of the convenien'
working OF the mine. And where two or nor,
AIA h